212 



Cor A-Eng SJM S 



.1 industry confidence in the regional Fishery Management Council process set forth in the Magnuson 



2 Act: now, ther«for*. 



} Be It R*j*or»«d by the Legislative Assembly of the State of Oregon! 



4 (I) The Congrats of the United State* is memorialized to giv* effect to the proper role of re- 

 6 giooa! derision-making and the Fishery Management Council process embodied in the Magnuson 



6 Fiahary Conservation and Management Act by amending the Magnuson Act in the following ways; 



7 (a) Amend 16 US.C. § 1802 (1993) to Incorporate a new definition aa follows. 



5 *(23) The term 'regulatory amendment' means any amendment to a regulation submitted by a 

 9 Council not covered by Section 304(a).* 



10 lb) Amend 16 U.SC 5 1864 (1993) to add the following new subjection; 



11 *M) ACTION OS REGULATORY AMENDMENTS 



12 "(1) After the Secretary receives a regulatory amendment that was prepared by a Council, the 



13 Secretary shall •■ 



U "(A) immediately commence a review of the regulatory amendment to determine whether it is 



is consistent with the fitbery management plan, the nation*' standards, the other provisions of this 



16 Act and other applicable law; and 



17 IB) immediately publish in the Federal Register the Council's proposed regulations for a 30«day 

 13 public comment period. 



IS "(2XA) The Secretary shall take action under this section on any regulatory amendment that the 



'20 Council characterizes as being a final regulatory amendment. 



21 "fB'i For purposes of this section, 'receipt date' means the 6th day after the day on which a 



22 Council transmits to the Secretary a regulatory amendment it characterises as a final regulatory 

 29 amendment. 



84 *'.3) If the Secretary does not notify the Council in writing of disapproval or partial disapproval 



25 by the 60th day after the receipt date, a regulatory amendment will take effect and be implemented. 



26 "(4) If. after review, th* Secretary determines the regulatory amendment is not consistent with 

 37 the criteria set forth in paragraph <1)(A), the Secretary shall notify the Council in writing of the 

 26 disapproval or partial disapproval of the regulatory amendment. Such none* shall specify -• 



29 "(A) the applicable law or provision of the fishery management plan with which the reguletory 



3D amendment is inconsistent: 



31 "<.B) the nature of such inconsistencies; and 



32 -(C) recommendations concerning the actions that could be taken by the Council to conform 



33 such regulatory amendment to the requirements of applicable law and the fishery management plan 



34 Such recommendation* shall be accompanied by the rationale and the appropriate analysis of im- 

 36 pacts. 



36 *(5) If the Secretary disapproves or partially disapproves a regulatory amendment, the Council 



37 may submit a revised regulatory amendment to the Secretary. 



S& "(6i After the Secretary receives a revised regulatory amendment, th* Secretary shall imme- 



36 diately - 



40 -;Aj commence a review of the regulatory amendment to determine if it complies with the en- 



41 teria set forth in paragraph (1XA); and 



42 '(B) publish the revised regulation in th* Federal Register for a 15-d*y public comment period 

 ♦3 '(7) Before the close of the 30th day after the revised receipt date, the Secretary, after taking 

 «4 into account any public comments, shall complete the review and determine whether the regulatory 

 46 amendment complies with the criteria set forth in paragraph U)IA). If the Secretary determines that 



[2] 



